Apologies if you get this twice.
FrankHB
From: WORLD NETWORK OF USERS AND SURVIVORS OF PSYCHIATRY
-------- Original Message --------
Subject: [DisabilityConvention] WNUSP treaty text proposal
Date: Thu, 20 Feb 2003 05:06:02 -0500
From: tina minkowitz <[log in to unmask]>
Reply-To: [log in to unmask]
To: <[log in to unmask]>,conventionondisability
<[log in to unmask]>
note - please circulate and discuss freely. while we focused on the rights
important to us, many of them we share in common with all pwd. i would like
to also acknowledge that i received valuable feedback & comments from people
on the treaty-talk email list.
tina minkowitz
Dear friends
The following text is meant as a WNUSP input to the discussion about a
coming UN disability and human rights convention.
The text is produced by Tina Minkowitz from New York in close cooperation
with the WNUSP board.
Please feel free to comment the proposals.
All the best
Karl Bach
WNUSP
WORLD NETWORK OF USERS AND SURVIVORS OF PSYCHIATRY
Proposals for inclusion in a convention on the rights of people with
disabilities
Obligations
1. Any international or national legal provision and/or administrative
arrangement or decision in contravention with or derogation of the
provisions of this convention shall be deemed void ab initio.
Freedom from torture, right to life, liberty, bodily and mental integrity
2. Every human being is a person. The status of personhood shall not be
deprived on account of actual or perceived disability.
3. No person shall be deprived of the right to life or the right to
reproductive choice on account of actual or perceived disability.
4. No person shall be detained, interned or confined involuntarily on
account of actual or perceived disability.
5. (a) Unwanted medical or related interventions, and/or corrective
surgeries, shall not be imposed on persons with disabilities.
(b) Persons with disabilities have the same right to self-determination as
persons without disability, including the right to accept or refuse
treatment.
6. Medical and/or related interventions shall not be used for the purposes
of coercion, intimidation, punishment, obtaining information or a
confession, or for any reason based on discrimination of any kind.
7. No research shall be done on persons with disabilities absent their free
informed consent. Research done in the disability field, and with persons
with disabilities as subjects, shall conform to the standards of the
Nuremberg Code.
8. All violence against people with disabilities shall be severely
punished, whether it is done under state authority or otherwise, including
violence in the home or by caregivers. Violence includes actions in
violation of articles 4, 5, 6, 7 or 8 above, other physical assault, sexual
assault, deprivation of food and water, etc.
Equality under the law
9. (a) Laws regulating civil status and rights, civic obligations and
punishment of crimes shall not differentiate between people on account of
actual or perceived disability. The only exception is where disabled people
receive the benefit of the legal distinction, and in no case may such a
benefit be imposed on any individual contrary to his or her wishes.
(b) A legal distinction will not be deemed beneficial if it permits
derogation of any of the rights enumerated in this Convention.
10. Coercive public health powers, for instance to vaccinate or quarantine,
shall not be used to retaliate or discriminate against people with
disabilities.
Association and privacy
11. Persons with disabilities have the right to not have medical records or
other records related to the disability disclosed to third parties without
the personšs prior consent.
12. (a) Persons with disabilities have the right to choice in living
accommodations, such as the choice whether to establish a household as a
single person or to establish a household with others of the personšs own
choosing, and the right to not reside in an institutional facility.
(b) In order to facilitate exercise of this right, states shall ensure that
persons with disabilities have an assured adequate income to maintain
themselves in their own households, access to housing, and access to
non-institutional services.
13. Persons with disabilities have the right to privacy in their homes or
places of residence, including the right to choose and direct caregivers.
14. Persons with disabilities have the right to form families and to become
parents, and to exercise parental rights and responsibilities, free from any
form of discrimination.
Participation and dignity
15. Persons with disabilities have the same right as persons without
disability to decent and respectful interactions.
16. (a) Persons with disabilities have the same right as persons without
disability to meaningful participation in all matters that affect them.
Specifically for service programs that means significant participation in
formulation, implementation, monitoring and evaluation.
(b) The disability perspective shall be mainstreamed in all aspects of
public affairs, assessment of public needs and development of public
services.
17. (a) Persons with disabilities have the right to have access to mass
media to promote disability-affirmative cultural values.
(b) Hate speech against persons with disabilities shall be punished.
Housing and other basic necessities
18. (a) Persons with disabilities have the right to enjoy [access to] the
basic necessities of life for themselves and their families, including food,
water, clothing, health care, personal care items, and housing as an
independent household, and the right to an assured income that is sufficient
to meet these needs. Services, devices and assistance for
disability-related needs shall also be considered basic necessities of life
for persons with disabilities.
(b) Nothing in this article shall be interpreted to allow imposing any
service or assistance on any person contrary to her or his own wishes.
19. Persons with disabilities have the right to temporarily leave their
homes and enter a facility by choice for treatment or rehabilitation or
respite, and to return to their former homes on completion of that purpose.
Employment
20. (a) Persons with disabilities have the right to work at an occupation
of their choosing, the right to receive equal pay for equal work, the right
to non-discrimination in all aspects of employment and collective bargaining
arrangements, and the right to reasonable accommodation in the workplace.
(b) Reasonable accommodation in workplace includes, inter alia, flexibility
in schedule, job routines, supervision and training, and leaves of absence.
Health care
21. Persons with disabilities have the right to have access to a full range
of health care and to exercise choice with respect to every aspect of their
health care.
Monitoring of institutions
22. Persons with disabilities who reside in institutional facilities retain
all the rights enumerated in this Convention, including the right to leave
the institution if they so choose. National human rights institutions shall
have the power and authority to inspect such facilities and enforce the
observance of this Convention within them.
Non-discrimination and reasonable accommodation
23. Discrimination against people with disabilities in all its forms,
including discrimination by public entities or in the provision of public
services, shall be prohibited by law.
24. Disabled people have the right to enjoy access to goods and services on
an equal basis with non-disabled people, and to participate on an equal
basis in all governmental services and programs. Reasonable accommodation
of persons with disabilities shall be provided to ensure such access and
participation, and to ensure non-discrimination.
Persons entitled to claim rights
25. Any person with a disability, and any person subjected to adverse
treatment on account of actual or perceived disability, or who has a record
or history of either of the above, is entitled to claim rights under this
Convention.
26. All types of disability are included under this Convention, whether
physical, sensory, intellectual, mental, emotional or psychosocial, visible
or invisible, and of temporary, permanent, intermittent or undetermined
duration.
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